PASHUPATI MAHATO Vs. DIPALI MAHATO

JUDGEMENT

(1.) THIS application is at the instance of the respondent and is directed against the Order dated January 6, 2012 passed by the learned Additional District Judge, 1 st Court, Purulia in Matrimonial Suit No.10 of 2009 thereby dismissing an application for amendment of the written statement. The wife/opposite party herein instituted a matrimonial suit being Matrimonial Suit No.10 of 2009 against husband/petitioner herein praying for divorce on the ground of cruelty and desertion. The husband/petitioner herein is contesting the said suit and the suit was at the stage of peremptory hearing. At that stage, the husband filed an application for the amendment of the written statement and that prayer was rejected by the impugned order. Being aggrieved, this application has been preferred. Now, the question is whether the impugned order should be sustained.

(2.) UPON hearing the learned Counsel for the parties and on going through the materials-on-record, I find that by the proposed amendment, the husband has wanted to incorporate a fact that his wife was leading to an unchaste life and as a result she gave birth of a female child and all this happened before the filing of the suit. The petitioner has contended that he had no knowledge of the fact at the time of filing his written statement. The learned Trial Judge has dismissed the application holding that the allegations proposed to be incorporated are definitely beyond the scope of the suit. There is no justification to amend the written statement.